DUI and DWI, questions
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From: Banned Scammer The Pat WS6
DUI and DWI, questions My friends and I are having a hardcore conversation about these topics and what does what. obvisouly a dui is drivin under the infulence and a dwi is driving while intoxicated. i agree yes. a dwi is .08 or higher blowing. BUT CAN you can a dui if your below 0.79 or lower, is that the fine line between the two?! I understand being under the influence of pretty much anything willl get you a dui. but does that mean you can drink and drive ( 1 beer 2 beers what EVER, as long as your below .08?!)
please straighten this convo out.
thanks guys
please straighten this convo out.
thanks guys
If you are of age and blow under .08 the officer doesn't even have to give you a DUI. It's at their discretion. If you blow a .079999 and they feel you are sober enough to drive, they can let you go on your way. But if you blow a .00001 and they feel that you are too impaired to be driving, they can haul you off to jail with a DUI. You can't get a DWI unless you are over .08
DUI applies only to people under the legal drinking age of 21. The only requirement for a 16-20 year old to receive a DUI is that you have any detectable amount of alcohol on you and you are operating a motor vehicle. It does not matter how small of an amount it is. You do not have to be 0.08 or even a 0.01, you just have to have alcohol in your system while driving and it's automatically a DUI. An adult (when referring to drinking age,21) can not be charged with DUI. With a 21 year old you have to have intoxication, not merely alcohol in the system.
Minors can get charged with DWI if the officer wants and can prove intoxication beyond the mere presence of alcohol in the system. Most officers choose to go with DUI because the burden of proof is virtually nothing where as a DWI requires that you prove the person is intoxicated. And if an officer charges a minor with DUI the DA's Office can reduce the charge to DUI if they don't feel they can meet the burden of proof in court.
DWI means you either have lost control of your mental and physical faculties and can not safely operate a motor vehicle, or you are 0.08 or higher. You can be a DWI if you are 0.02 if you are a lightweight and can't safely operate a vehicle at that level. People fail field sobriety testing all the time who are under 0.08.
Minors can get charged with DWI if the officer wants and can prove intoxication beyond the mere presence of alcohol in the system. Most officers choose to go with DUI because the burden of proof is virtually nothing where as a DWI requires that you prove the person is intoxicated. And if an officer charges a minor with DUI the DA's Office can reduce the charge to DUI if they don't feel they can meet the burden of proof in court.
DWI means you either have lost control of your mental and physical faculties and can not safely operate a motor vehicle, or you are 0.08 or higher. You can be a DWI if you are 0.02 if you are a lightweight and can't safely operate a vehicle at that level. People fail field sobriety testing all the time who are under 0.08.
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Guys yall are making it way to complicated.
A DUI is only for people under 21 years of age. If a 19 year old girl has 1 beer and is not over .08 its a DUI. But a under 21 person can still get a DWI if they fail the SFST's and are deemed unsafe to be on the road. But if there not drunk but you can detect any alcohol on them its a DUI
A DWI is for anyone who failes the SFST's and is to drunk to drive
A DUI is only for people under 21 years of age. If a 19 year old girl has 1 beer and is not over .08 its a DUI. But a under 21 person can still get a DWI if they fail the SFST's and are deemed unsafe to be on the road. But if there not drunk but you can detect any alcohol on them its a DUI
A DWI is for anyone who failes the SFST's and is to drunk to drive
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From: A DEN
Guys yall are making it way to complicated.
A DUI is only for people under 21 years of age. If a 19 year old girl has 1 beer and is not over .08 its a DUI. But a under 21 person can still get a DWI if they fail the SFST's and are deemed unsafe to be on the road. But if there not drunk but you can detect any alcohol on them its a DUI
A DWI is for anyone who failes the SFST's and is to drunk to drive
A DUI is only for people under 21 years of age. If a 19 year old girl has 1 beer and is not over .08 its a DUI. But a under 21 person can still get a DWI if they fail the SFST's and are deemed unsafe to be on the road. But if there not drunk but you can detect any alcohol on them its a DUI
A DWI is for anyone who failes the SFST's and is to drunk to drive
but this only happens in the state of Texas
For instance in Cali there is no DWI just DUI period its up to the officers discretion if your a minor to let you go or give you a DUI if your under .08
Guys yall are making it way to complicated.
A DUI is only for people under 21 years of age. If a 19 year old girl has 1 beer and is not over .08 its a DUI. But a under 21 person can still get a DWI if they fail the SFST's and are deemed unsafe to be on the road. But if there not drunk but you can detect any alcohol on them its a DUI
A DWI is for anyone who failes the SFST's and is to drunk to drive
A DUI is only for people under 21 years of age. If a 19 year old girl has 1 beer and is not over .08 its a DUI. But a under 21 person can still get a DWI if they fail the SFST's and are deemed unsafe to be on the road. But if there not drunk but you can detect any alcohol on them its a DUI
A DWI is for anyone who failes the SFST's and is to drunk to drive
Under 21 gets DUI.
21 and over get DWI.
If you blow under .08 AND pass a field sobriety test, you are good to go. However, you will be arrested if you fail either. You have to pass both.
I've alway heard if you are pulled over after a couple of drinks and have any doubt in your mind wether you'll pass or not, shut the **** up and refuse the tests. After that, get ready to pay some serious coin to a lawyer.
I've alway heard if you are pulled over after a couple of drinks and have any doubt in your mind wether you'll pass or not, shut the **** up and refuse the tests. After that, get ready to pay some serious coin to a lawyer.
If you blow under .08 AND pass a field sobriety test, you are good to go. However, you will be arrested if you fail either. You have to pass both.
I've alway heard if you are pulled over after a couple of drinks and have any doubt in your mind wether you'll pass or not, shut the **** up and refuse the tests. After that, get ready to pay some serious coin to a lawyer.
I've alway heard if you are pulled over after a couple of drinks and have any doubt in your mind wether you'll pass or not, shut the **** up and refuse the tests. After that, get ready to pay some serious coin to a lawyer.
If you blow under .08 AND pass a field sobriety test, you are good to go. However, you will be arrested if you fail either. You have to pass both.
I've alway heard if you are pulled over after a couple of drinks and have any doubt in your mind wether you'll pass or not, shut the **** up and refuse the tests. After that, get ready to pay some serious coin to a lawyer.
I've alway heard if you are pulled over after a couple of drinks and have any doubt in your mind wether you'll pass or not, shut the **** up and refuse the tests. After that, get ready to pay some serious coin to a lawyer.
As far as the refusing to blow, unless they have recently changed it, As of July 4th 2008, if you refuse a breath test, they will arrest you and take blood.
thats the trick, every law professor i've talked to says you end up sitting in the tank till morning bc they dont care to take blood at 3am or whenever the eff you get pulled over, and by that time you're back down to none or veryyyy little. This is all compared to "holy **** I'm drunk, should I take this breathalyzer??" where you will have 0 chance of passing lol
If you blow under .08 AND pass a field sobriety test, you are good to go. However, you will be arrested if you fail either. You have to pass both.
I've alway heard if you are pulled over after a couple of drinks and have any doubt in your mind wether you'll pass or not, shut the **** up and refuse the tests. After that, get ready to pay some serious coin to a lawyer.
I've alway heard if you are pulled over after a couple of drinks and have any doubt in your mind wether you'll pass or not, shut the **** up and refuse the tests. After that, get ready to pay some serious coin to a lawyer.
All things that I've heard, I really don't give a ****, i'll try my hardest to not drink and drive, ever...
Um I've heard you can get into a lot more trouble by refusing to comply with the officer. I've even heard that you might have to pay for the blood test that they will force you to take, which is not cheap.
All things that I've heard, I really don't give a ****, i'll try my hardest to not drink and drive, ever...
All things that I've heard, I really don't give a ****, i'll try my hardest to not drink and drive, ever...
I'll add a story for everyone, I was in Vernal UT where I left a bar after 1 beer (3.2% alcohol) and a cop who was camping out a block away pulls me over for not using my blinker. This is around 8pm, when I roll down the window he claims he smell beer and does the flashlight/pen test. After that he goes to his cruiser and comes back with a "huffer" and tells me to blow till it beeps. I blew a 0.00 and he says thanks for wearing your seatbelt and lets me go, 2-3 more beers and it would have been a different ending. Point is, you can get pulled over for anything, you don't have to be driving dangerously to be pulled over and slapped with a DUI/DWI. I've been a big fan of taxi's since that night.
Not in the state of Texas. It's not illegal for some 21 or over to drive while under the influence of a substance, only while intoxicated on a substance.
DUI is an offense under the Texas Alcoholic Beverage Code and applies only to minors. DWI is an offense under the Texas Penal Code and applies to both adults and minors.
If an officer mistakenly charged an adult with DUI it would have to be dismissed automatically as it isn't an applicable offense to that person.
DUI is an offense under the Texas Alcoholic Beverage Code and applies only to minors. DWI is an offense under the Texas Penal Code and applies to both adults and minors.
If an officer mistakenly charged an adult with DUI it would have to be dismissed automatically as it isn't an applicable offense to that person.
A few years ago I was coming back from a downtown club, going 43mph in a 40mph zone. Cop does a u-turn pulls me over.... I had drank a lot, but i knew i wasnt 'drunk'.... had a good buzz. He pulls me out of the car, does the pen-light test, then tells me to stand on one foot and count untill he tells me to stop; he also told me that if i got off balance and placed my foot down to pick up my foot and continue. It was really cold and windy; I started to count and continued until 39sec!! I put my foot down, and asked him do you still want me to continue?? He put me in hand cuffs and took me to jail...
On the way to jail I was talking to them about handguns etc... asked them what they carried etc.. Cop was pretty cool; Proceeded to blow on breathalyzer... did it twice. Cop said i was pretty close, and that he could of held me if he wanted... but he let me go. Good learning experience; wont ever do that **** again.
On the way to jail I was talking to them about handguns etc... asked them what they carried etc.. Cop was pretty cool; Proceeded to blow on breathalyzer... did it twice. Cop said i was pretty close, and that he could of held me if he wanted... but he let me go. Good learning experience; wont ever do that **** again.